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Res 2004- 33 Approving Plat & Variance @ 1850 Arvin DrCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 04 -33 A RESOLUTION APPROVING A PRELIMINARY PLAT AND VARIANCE TO CREATE ONE ADDITIONAL LOT AT 1850 ARVIN DRIVE WHEREAS, Robert Fink has applied for a Preliminary Plat and Variance to Create One Additional Lot at 1850 Arvin Drive (Lot 10 Block 3 Ridgewood Park and Part of Wachtler Avenue Accruing Thereto) as proposed in Planning Case #04 -16; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Preliminary Plat and Variance to Create One Additional Lot at 1850 Arvin Drive as proposed in Planning Case #04 -16 is hereby approved on the following conditions: 1. The new lot lines, house placement, and driveway aligrunent for the new lot shall be as shown on Drawing B and Narrative Text C as presented by the applicant to the Council at their regular meeting on June 1, 2004. 2. The existing land - locket southern parcel shall be combined with the existing lot. 3. No further subdivision of either the existing lot or the new lot shall be allowed. 4. The applicant shall record an easement for shared access and maintenance in the appropriate office of Dakota County for the driveway between the two new lots created. These documents shall be reviewed and approved by the Council as a condition to approval of the final plat. The applicant shall record a Conservation Easement in the appropriate office of Dakota County prior to or at the same time the Final Plat is recorded preserving all current natural conditions, including, but not limited to vegetation, trees and surface water features (the "Conservation Easement "). The Conservation Easement shall apply to all portions of the properly between the footprint of the new home site and Arvin Drive on slopes that are equal to or greater than 25% and to the other portions of the two new lots as shown on plans presented to the Council by the applicant at the Council's regular meeting on June 1, 2004. This document shall be reviewed and approved by the Council as a condition to approval of the final plat. 6. Driveway access for the new house shall be constructed as shown on plans presented by the applicant to the Council at their regular meeting on June 1, 2004. The new portion of the driveway shall meet emergency vehicle access standards. 7. The footprint of the house shall not exceed 2500 square feet in area and the center point of any footprint of any home on the lot shall be the same as the center point of the footprint of the home as shown on Drawing B and Narrative Text C of the plans presented to the City Council at its regularly scheduled meeting held on June 1, 2004. 8. The height of the home shall be limited to that of a one -story walkout as measured from the side of the home facing toward Arvin Drive. BE IT FURTHER RESOLVED, that in support of the above approval, the Council hereby makes the following findings of fact: 1. The variance is necessary in order to put the property to reasonable use. The applicant's property is unusually large for the neighborhood and significantly greater than the minimum lot size required in the R -1 zone. 2. There are unique circumstances pertaining to the applicant's property not caused by the owner that create a sufficient hardship to justify the variance. 3. The vacation of Wachtler Avenue by the City previously left the property owner with a "land- locked" parcel. 4. The cul -de -sac "bulb" at the end of Arvin drive is unique and contributes to the hardship of the owner. 5. The property has uniquely steep slopes that make use of shared drive the safest, most accessible and easiest to maintain for the layout of the two lots. 6. The variance will not alter the essential character of the neighborhood. The new lot will not noticeably increase the density of the neighborhood. 7. There will only be minimal disturbance of the vegetation between the house and the cul -de- sac. 8. The perception of density from the cul -de -sac is not expected to change as a result of this variance. BE IT FURTHER .RESOLVED that the Preliminary Plat and Variance to Create One Additional Lot at 1850 Arvin Drive as proposed in Planning Case 404 -16 under the above conditions would not have an adverse impact on the health, safety, and general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights This 15th day of June, 2004. ATTEST: CITY COUNCIL CITY OF TA TS By o'1 s>_ , ,f zoo By Katl en M. Swanson, City Clerk